A HubSpot job ad that was run on Facebook in November 2017 targeted individuals between the ages of 27 and 40. However, that may not be the only job ad that older folks in Arizona or elsewhere in America weren’t able to see. According to a new report, companies such as Google and even Facebook itself have engaged in similar behavior.
The Age Discrimination in Employment Act of 1967 does offer protection to those who are 40 or older. It says that employers cannot use age as the only factor when making a hiring decision. However, when it comes to posting ads online, it isn’t clear if companies are violating the law. Facebook says that targeting people based on age is an acceptable practice. The company claims that online ads targeting certain demographics are no different than advertising on shows or in magazines aimed at specific age groups.
However, some argue that it isn’t fair to older workers because they can’t take advantage of opportunities that they don’t know about. Unlike with a magazine that anyone can buy, those who are not part of the targeted age range will never see ads posted by those companies. The Communications Workers of America has filed a lawsuit against the company representing those who were not able to see job ads.
If a company decides to discriminate based on age, it may be a violation of employment law. An individual who is discriminated against may benefit by talking with an attorney. Examples of age discrimination may include not having access to recruitment announcements or being passed over for a promotion. If an age discrimination claim is successful, it may be possible to obtain compensation in the form of back pay or punitive damages.